Indiana Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Indiana Pre-Employment Inquiries (Interviewing): What you need to know

Protected classes. The Indiana Civil Rights Law prohibits employment practices that discriminate on the basis of race, religion, color, sex, disability, national origin, ancestry, or status as a veteran (Ind. Code § 22-9-1-2). The law applies to all public employers and private employers with six or more employees.
Disabilities. Indiana's Employment Discrimination Against Disabled Persons Law prohibits employers with 15 or more employees from discriminating against a qualified individual with a disability (Ind. Code § 22-9-5-1 et seq.).
Age. The Indiana Age Discrimination Act prohibits discrimination based on age and applies to individuals from 40 years of age to 75 years of age (Ind. Code § 22-9-2-1). The Age Discrimination Act covers employers with one or more employees, but expressly excludes employers that are covered by the federal Age Discrimination in Employment Act (ADEA). The ADEA applies to employers with 20 or more employees, including state and local governments, and prohibits age discrimination against individuals who are at least 40 years of age.
Indiana's Employment Discrimination Against Disabled Persons Law permits employers to ask only whether an applicant has the ability to perform job-related functions. Employers may also ask a prospective employee to describe or demonstrate how an essential job function would be performed. Employers may not ask whether an applicant has a disability or about the nature or extent of any disability until after extending a conditional job offer to the applicant (Ind. Code § 22-9-5).
Criminal history. While an Executive Order establishes that employers in the executive branch of state government may not inquire about criminal history on job ...

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